Man injured in Penske shooting files $20 million lawsuit

By Andria Simmons

The Atlanta Journal-Constitution

An employee who was incapacitated when a disgruntled former co-worker allegedly shot up the Penske Truck rental facility near Kennesaw last year has filed a $20 million lawsuit against the company.

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A photo of Zachariah Werner with his family before he was shot. He is now confined to bed, unable to breathe or eat on his own.

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Phil Skinner, AJC Relatives of Zachariah Werner cry as suspected shooter Jesse James Warren appears in a Cobb County court Marietta on February 26, 2010.

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Phil Skinner, pskinner@ajc.com Cobb County prosecutors are seeking the death penalty against Warren, who is being held without bond awaiting trial.

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Werner was among five people who were shot on Jan. 12, 2010, when police say former Penske employee Jesse James Warren barged into the facility carrying two weapons and opened fire. Three men were killed and two were injured.

Zach Werner worked on trucks at the Penske facility and was shot that day. A bullet lodged in his brain stem, reducing the vibrant father of three to a bed-ridden invalid incapable of breathing or eating on his own. Werner, 37, communicates now by blinking his eyes and squeezing your hand, said his attorney, R. Keegan Federal Jr.

Werner's wife, Jodi Marie Warner, is his primary caregiver with the assistance of some home healthcare providers at their Marietta home. The lawsuit provides the first insight into how Werner has fared, because his family has shied away from the media spotlight since the shooting.

"He's in what's really one of the most horrible conditions because his mind is still there," Federal said. "There are some things worse than death, and I'm pretty sure Zach's living it."

By law, Werner cannot sue his direct employer, Penske Truck Leasing Co., because he receives worker's compensation from them. The lawsuit targets related business entities, Penske Truck Leasing Corp., Rollins Leasing Corp.and Rollins Leasing LLC, along with Warren.

A spokesman for Penske said the company became aware of the lawsuit early Monday.

“Our legal team is in the process of evaluating it further," company spokesman Randolph P. Ryerson said in an email. "Since this is now a matter of ongoing litigation we cannot provide any additional comment about it at this time.”

The lawsuit says the companies had been warned numerous times that Warren, who was fired in July 2008, planned to "attack, maim and kill individuals at the premises." The lawsuit also alleges that Warren had received psychiatric treatment at the request of Penske employers at some point prior to the shooting.

Penske hired security guards for a time, but the company did not take reasonable steps to ensure the safety of employees and customers and determine if the threats were valid, the lawsuit said.

Warren made bizarre claims to police about his motive in a rambling post-arrest interview. He said the company stole $500 million he earned from a "top secret" project in the Marines, and then fired him.

Cobb County prosecutors are seeking the death penalty against Warren, who is being held without bond awaiting trial.